A.
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent, or his/her designee, a baseline monitoring report which contains the information listed in Subsection B, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent, or his/her designee, a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below:
(1)
Identifying information: the name and address of the facility, including
the name of the operator and owner.
(2)
Environmental permits: a list of any environmental control permits
held by or for the facility.
(3)
Description of operations: a brief description of the nature, average
rate of production, and standard industrial classifications or NAICS
Code of the operation(s) carried out by such user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
Flow measurement: information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants:
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis, identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, or his/her designee, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 435-39 of this chapter.
(6)
Certification: a statement, reviewed by the user's authorized representative
and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 435-31 of this chapter.
The following conditions shall apply to the compliance schedule required by § 435-30B(7) of this chapter:
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operations);
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Superintendent, or
his/her designee, no later than 14 days following each date in the
schedule and the final date of compliance, including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
D.
In no event shall more than nine months elapse between such progress
reports to the Superintendent, or his/her designee.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent, or his/her designee, a report containing the information described in § 435-30B(4) through (6) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 435-20 of this chapter. All sampling will be done in conformance with § 435-40.
[Note: All SIUs are required to submit periodic compliance reports
unless they have been designated a non-significant categorical industrial
user (NSCIU) under the streamlining provision per 40 CFR 403.12(e)(3).
(See Subsection E.)]
A.
All significant industrial users shall, at a frequency determined by the Superintendent, or his/her designee, but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. The reporting periods are January through June (submit report by July 15), and July through December (submit report by January 15). All periodic compliance reports must be signed and certified in accordance with § 435-20 of this chapter. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or his/her designee, or the pretreatment standard necessary to determine the compliance status of the user.
B.
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
C.
If a user subject to the reporting requirement in this section monitors any regulated pollutant more frequently than required by the Superintendent, or his/her designee, using the procedures prescribed in § 435-40 of this chapter, the results of this monitoring shall be included in the report.
D.
The City may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user [40 CFR 403.12(e)(2)]. This authorization is subject to the following
conditions:
(1)
The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility,
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Article IV, § 435-19B(8).
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(5)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the Superintendent must be
included as a condition in the user's permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the Superintendent for three
years after expiration of the waiver.
(8)
In the event that a waived pollutant is found to be present or is
expected to be present because of changes that occur in the user's
operations, the user must immediately comply with the monitoring requirements
imposed by the Superintendent and notify the Superintendent.
(9)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standards.
E.
Reduce periodic compliance reporting. As per the streamlining provision
in 40 CFR 403.12(e)(3), NSCIUs are required to submit certification
only, one time per year. However, at the discretion of the Superintendent
or his/her designee, a periodic compliance report may still be a requirement.
A "middle-tier" significant CIU is required to submit a PCR once per
year and all other CIUs two times per year (at a minimum).
Each user must notify the Superintendent, or his/her designee,
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
A.
The Superintendent, or his/her designee, may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 435-19 of this chapter.
C.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, and the discharge
of any previously unreported pollutants.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Superintendent, or his/her designee, of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the Superintendent or his/her designee, submit a detailed
written report describing the cause(s) of the discharge and the measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user to any expense, loss, damage,
or other liability which may be incurred as a result of damage to
the POTW, natural resources, or any other damage to person or property;
nor shall such notification relieve the user of any fines, penalties,
or other liability which may be imposed pursuant to this chapter.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users (SIUs) are required to notify the Superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the Superintendent, or his/her
designee, as the Superintendent, or his/her designee, may require.
If sampling performed by a user indicates a violation, the user
must notify the Superintendent, or his/her designee, within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the Superintendent, or his/her designee, within 30 days after becoming
aware of the violation. The user is not required to resample if the
Superintendent, or his/her designee, monitors at the user's facility
at least once a month, or if the Superintendent, or his/her designee,
samples between the users initial sampling and when the user receives
the results of this sampling, or if the City of Crystal Lake has performed
the sampling and analysis in lieu of the industrial user [40 CFR 403.12(g)(2)].
The discharge of any hazardous waste is prohibited.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite collection sampling techniques. In the event flow-proportional sampling is infeasible, the Superintendent, or his/her designee, may authorize the use of time-proportional composite sampling or grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with daily maximum discharge limits. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City of Crystal Lake, as appropriate.
B.
Samples for oil and grease, chromium total, hexavalent chrome, temperature,
pH, cyanide, phenols, sulfides, and volatile organic compounds must
be obtained using grab collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in Article VI, § 435-30 and § 435-32 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by those documented in Article VI [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
D.
For each report, the time, date and place of sampling and methods
of analysis and certification that such sampling and analysis are
representative of normal work cycles and expected pollutant discharges
to the POTW shall be provided.
E.
The industrial user shall provide a statement, reviewed by an authorized
representative of the industrial user and certified by a qualified
professional, indicating whether national categorical pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance measures (O&M) or additional
pretreatment is required for the industrial user to meet the national
categorical pretreatment standards.
F.
Schedule of additional pretreatment or O&M.
(1)
If additional pretreatment or O&M will be required to meet the
national categorical pretreatment standards, the industrial user will
provide the shortest schedule which will provide such additional pretreatment
or O&M. The completion date in this schedule shall not be later
than the compliance date established for the applicable national categorical
pretreatment standard.
(2)
Where the industrial user's national categorical pretreatment standard has been modified by the combined waste stream formula [40 CFR 403.6(e)] or net/gross calculations (40 CFR 403.15) at the time the industrial user submits a baseline report, the information required in § 435-30 shall pertain to the modified limits.
G.
The following conditions shall apply to any schedule submitted in response to § 435-31:
(1)
The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable national categorical pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, completing construction, etc.).
(2)
Not later than 14 days following each date in the schedule and the
final date for compliance, the user shall submit a progress report
to the POTW, including, at a minimum, whether or not it complied with
the increment of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the industrial
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the POTW.
H.
Deadline for compliance with categorical standards. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter 1, Subchapter N. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a "new source" as defined in 40 CFR 403.3(m) (§ 435-4 of this chapter). New sources shall install and have in operating condition and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
I.
All users subject to federal, state or local regulations may be required to establish a compliance schedule in order to achieve compliance. This compliance schedule may be required regardless of whether the discharger has a wastewater discharge permit, and shall contain milestone dates such as described § 435-31. Activities other than construction, and O&M, such as training, installation of spill prevention equipment and slug control plans, may be required within compliance schedules.
J.
The City will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the City may issue a wastewater contribution permit, subject
to terms and conditions provided.
Written reports will be deemed to have been submitted on the
date received. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern. Written reports include
baseline monitoring reports, periodic compliance reports, monthly
monitoring reports, slug plans, toxic organic management plans, wastewater
discharge questionnaires, and any other documents required by the
City of Crystal Lake.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Article II, § 435-8B. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Superintendent or his/her designee.
A.
The following certification statements should be used with permit applications, user reports, and initial monitoring waivers. The certification statements are required to be signed and submitted in accordance with Article IV, § 435-20; user submitting baseline monitoring reports under Article VI, § 435-30B(8) [See 40 CFR 403.12(i).]; users submitting reports on compliance with the categorical pretreatment standard deadlines under Article VI, § 435-32 [See 40 CFR 403.12(d).]; users submitting periodic compliance reports required by Article VI, § 435-33A through D [See 40 CFR 403.12(e) and (h).], and users submitting an initial request to forego sampling of a pollutant on the basis of Article VI, § 435-33D(4) [See 40 CFR 403.12(e)(2)(iii).]. The certification statement documented in Article IV, § 435-20, must be signed by an authorized representative as defined in Article I, § 435-4.
B.
Annual certification for non-significant categorical industrial users (NSCIUs). A facility determined to be a NSCIU by the Superintendent or his/her designee pursuant to the definition of "significant industrial user" in Article I, § 435-4, and Article VI, § 435-20B [See 40 CFR 403.3(v)(2).], must annually submit the following certification statement signed in accordance with the signatory requirements in § 435-4 [See 40 CFR 403.12(i).]. This certification must accompany an alternative report required by [the Superintendent]:
|
Based on my inquiry of the person or persons directly responsible
for managing compliance with the Categorical Pretreatment Standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from _____ _____, __________, to __________,
__________ [months, days, year]:
| |
|
(a)
| |
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(b)
|
The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and
|
|
(c)
|
The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
|
|
This compliance certification is based on the following information.
| |
|
| |
|
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C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on Article VI, Section 435-33 D must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user [40 CFR 403.12(e)(2)(v)].
Based on may inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Article VI, § 435-33A.
